Pelvic Mesh Trials Naming J&J

Pelvic Mesh Trials Naming J&J

The following is a partial list of the upcoming pelvic mesh trials naming J&J’s Ethicon mesh as defective. Understand that the schedule frequently changes so this is the most up-to-date. Other manufacturers cases will be added as they become available.

However, J&J/Ethicon removed the case to federal court in June. Edwards de la Cerda law firm filed their remand papers the next day, but the local district court (Western District of Texas) punted the decision to the Southern District of West Virginia. At the present time there’s been no decision from the Southern District of West Virginia as to whether this case will go back to San Antonio. A decision could come soon.

Attorneys are Mark Mueller, John Fabry, Breanne Vandermeer. The case was filed December 31, 2012. This trial is limited to six days writes Judge Goodwin in a June 12, 2015 order.

Judge Ken Molberg, 95th Judicial District, TX

September 21, 2015– Carol Cavness v. Ethicon , She was implanted with the Gynecare Prosima Pelvic Floor Repair System, April 24, 2012. DC-14-04220, 95th Judicial District Court before Judge Ken Molberg, Dallas. Attorneys are Blankenship Law and Freese and Goss. See here.

The case was filed in April 21, 2014 against Ethicon and Teresa Kowalczyk MD, a doctor at Hunt Memorial Hospital, Baylor Healthcare system. Cavness had a partial explant and suffers pain discomfort, difficulty voiding, continued incontinence, infection, bleeding. Included in the multiple finings here is a Motion to exclude the testimony of Michael Thomas Margolis MD as an expert witness. This documents goes on for 63 pages about other experts suggested to appear in this case.

October 26, 2015 – Josephine Marie Rabiola v. Ethicon, 53rd Judicial District Court, Travis County, Austin TX. She was implanted with both the TVT-Secur System and the Gynecare Prosima Pelvic Floor System (for pelvic organ prolapse). Dr. Tomas G. Antonini and Lone Star Urogynecology and Continence Center are defendants in this action. She was implanted by Dr. Chris Hart, MD on May 24, 2010 at Seton Southwest Hospital in Austin, Tx. Case #D-1-GN-13-002039. (DC-14-04220). The case could take up to three weeks. This jurisdiction is not available online but here is the Rabiola Complaint.

Thirty-seven plaintiffs will have their case consolidated before Judge Goodwin. All of the plaintiffs have been implanted in West Virginia and have the Ethicon TVT. Dr. Eddie H.M. Sze implanted TVT in more than half of the West Virginia plaintiffs. This will be a strict liability defective design and negligence claims. Still debated is whether it will include causation that plaintiffs say will allow them to make their case. According to a filing, Doc #28, “The question of whether a product is defective is inextricable intertwined with the issues of causation and damages.”

Judge Joseph R. Goodwin

According to Judge Goodwin in PTO #184, filed July 1, 2015, the cases are consolidated on the issue of design defect and all have a common question of law or fact.

Defendants object to consolidated trial and argue that it will lack the required finding that a defect existed in an individual device, which caused her injuries. Defendant (Ethicon) argues that a consolidated trial would feature a composite plaintiff who would suffer every possible injury. The company argues that a determination of defect liability would violate their constitutional rights under the Fifth Amendment due process clause and the Seventh Amendment’s reexamination clause. They call the consolidation a “logistical nightmare”.

Plaintiffs say a consolidated trial that includes evidence on complete design defect and negligent design claims including causation and damages would alleviate the concerns. Under West Virginia law there is no requirement to prove there was a safer alternative design. Plaintiffs want a trial on Plaintiffs’ complete claims for design defect and negligent design, including causation and damage issues. Stay tuned. #

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I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.

Anna good news to hear does that mean the mesh from Johnson & Johnson will proceed with this lawsuit my lawyer in from Texas but i understand the Johnson co. has blocked the lawsuit’s of now does it mean they can carry on with the suit i have had 5 surgery’s still no relief terrible pain with lots more problems mary

Have you been filed in multidistrict litigation in West Virginia? Please find out the meaning of the “MDL” by going to Mesh News Desk and putting that in the search bar. OR your lawyer could explain it. The MDL has cases from all over the country.

I plan to attend the full Cavness v Ethicon trial in Dallas. I encourage everyone who can to do the same. In the Batiste and Salazar trials it was possible to come and go and to use our computers to take notes. During breaks we could use social media to share information. It is critical that the plaintiff knows that they are supported during this arduous time. The legal discovery of corporate “proprietary” information is critical to PREVENTING more harm from these implanted petroleum products.

Thank you Joleen… The defense really doesn’t like it when women show up. I’ve seen them react badly. But the women get a lot out of the litigation. It’s amazing what you will hear…. I would like to be there… might be a possibility.

Good for you Joleen! Isn’t it just delicious that they do not like it when we attend. What a motivational tool! If anyone from CA is going can you please take me…I will share expenses of course. Thanks.

Thanks,i am from SC my lawyer if from Texas so i wish i could be there but to far for me to travel i just wont them to admit there wrong doings and give the people what they deserve for there pain and suffering mine 5 surgery’s still no relief. mary

Susan, I know how you feel but just because you are not aware of it does not mean things are not happening, especially behind the scenes. Trusting the process is hard but if you have a good attorney you should be well taken care of. You can always call your counsel or email and ask if there are any updates but try not to become infamous by calling all the time. The fact that Jane is here and we can check her site and she has taught us how to access data on other official websites is wonderful and empowers us as much as anything I guess. You have resources Susan but no one is going to call you every week with an update…sadly that is not how it works. As you see written here often, be your own advocate and then maybe you will be able to contribute to this website and I believe Jane has given us all permission to do that within reasonable and prudent perameters.

Linda, You should be able to go to the court website and find a list with your name and case number if your case was filed. You may not be in this group but there will be others. I think the Muller group would have already advised you if you were in the group you are referring to.

Jane can we find out anything about Canadian cases we don’t show up on any dockets I thought we where in the MDL to I’ve tried looking for my name every which way but I can never find it would you have any information how to find Canadian cases.As in the U.S. Cases names appear on the Ethicon court dockets sight but if Canadian you can’t find your name it’s been five years having a lawyer now.I don’t have a problem with our lawyer I know things are moving along but not fast enough though but still moving I would just like to find out the sight for my case and name thx.

It seems when your looking for Canadian cases and court dockets names etc for Mesh law suits you get absolutely nothing the only ones that come up is the U.S. ones.I’ve asked if there is a sight so I could just see my name etc as I thought I had my right to see if I wanted to and was told no as the States do things differently what does come up is certain lawyers that are taking cases in Canada.If that’s the way it is I guess that’s the way it is I just cant understand how thousands upon thousands of names appear for Mesh cases in the U.S. and not going to court yet ( hopefully soon though )but you can’t find a sight for Canadian women maybe our lawyers don’t want our names to be shown who knows But if I wanted to check I should have that right Thx Jane

Please require your law firm to speak to you. Do you have your complaint? Do you have a case number? Do you know where it is filed? Have you seen it in the roster of cases filed? Check southern district of wv and go to your manufacturer, click on numeric number of cases, put your name in the upper right hand box and add plaintiff… see if it pops up.

Hi Johnny,i am from SC and my lawyer is in Texas i do hear now and than she said that Johnson & Johnson denies its there product but they are fighting it and when they admit it the smaller co. will follow that is all i know to…mary

I am very surprised how many people have filed cases against a manufacturer and have no idea who their attorney is or where the case is filed. The pain I was in prior to my removal you better believe I know exactly who my attorney is and the status of my case.

I think that some people just can not cope with this terrible reality, they can not function at a high enough level to do these things you mention because their minds are disabled by the horror of it all. Also some probably are accustomed to having someone else do things for them. Needless to say it is best to be able to survive on your own. There are doubtless many reasons.

Well, first my heart felt support for Jennifer Ramirez and her family, just being tossed around by a cavilier and cold blooded legal system. I wonder what their justification was or if they are even required to produce a legitimate reason.This kind of behavior on the part of the courts does not seem like it will help eliminate the burden of alleged backlogs, it certainly does not appear to be honorable and it seems to beg the question…If we had a more healthy society would we have backlogs like this?

I would like to know why the judge has the power to limit the number of trial days in a case. I also would like to know the judges reasoning when he or she does so. I assume that would be public information and we can read it giving us some insight into the judges’ personality.

It makes my blood boil when I see that an expert witness has been refused permission to testify at a trial. I want to know why this is allowed and if reasoning must be entered into the record. I would like to know why this has been done to Dr. Margolis who is an expert and has testified at these cases before. Actually I know why. The criminal defendants do not want him on the stand because he stands in support of the general plaintiff position. So in a way it could be said we go to trial where the stakes are high with our ankles chained, our mouths taped and our hands bound in rope and all we can do is nod “yes” or “no”.Is this the way things are done in a democracy, in this country? I wonder how many trials of corporate criminals result in a fair and just verdict. I wonder how corrupt this nation is.

In Mullins vs. Ethic-con it will indeed be interesting to see if “causation” is allowed the plaintiffs. OF COURSE IT SHOULD BE ALLOWED – THERE SHOULD BE NO QUESTION ABOUT THIS – The following from the article above bears repeating: “The question of whether a product is defective is inextricable intertwined with the issues of causation and damages.” The fact that there is some question makes me fear the plaintiffs evil doers are at work again putting out the lights of any testimony that would illuminate their dark motives.

I agree. I wonder if the defense prefers West Virginia over Texas? It seems to me that the trials in Texas and Florida are more generous in awards than in West Virginia. The worst state seems to be Massachusetts – they have major tort reform. Punitive damages are generally off the table from the beginning. It makes them “business friendly”. This was supposed to help them keep creativity and innovation for new and better products, not fearing reprisals from the courts for innocent mistakes and as J & J put’s it “just a part of doing business”. This only works if the people in charge do what’s right. I’ve said it before and I’ll say it again “why isn’t this being criminally prosecuted?”

My case was filed 4years ago and still nothing. I can’t work anymore because of all the problems the mesh has caused. I’m about to loose my house and probably my husband. My attorneys will not give me any idea on how much longer this will take. They actually seem frustrated when I call. I’m on the gynecare case list in NJ. Does anyone know possibly how much longer until this will settle? Also I’m so incredibly depressed and discouraged it’s hard to get out of bed some days. I need closure! Please, if anyone has any info to share please do.

I’m sorry to be the bearer of bad news, but there are no time limitations on the settling of these lawsuits. We are plaintiff’s and are not guaranteed a fast and speedy trial. The defense has been using tactics to delay trials. I spent a lot of time yesterday looking up MDL’s and time limits. One way Judge Goodwin is trying to speed up the system is by having multiple trials put together into one trial. In pretrial order no. 78 he named 11 plaintiffs that were to be tried. When the trial actually happened it came down to 4 plaintiffs. The other’s were either terminated (reason unknown) or they are still open and were removed because of having multiple products. This trial was the one who had a cumulative amount of over $18,000. Judge Goodwin is trying this again, but there are considerable arguments by the defense of why this should not be. There are many plaintiffs who’ve been waiting for over 5 – 6 years. I believe Judge Goodwin is trying to push them into settlement talks, but he cannot make them do it. His next option would be to start sanctions over excessive delays and he’d be making history – hasn’t happened yet.

DISGUSTED, would you explain the 18, 000 more in depth please?? Not sure I understand, My attorney firm told me they have 3-7 years from the time they get your case, not sure if that pertains to a mass tort.

Dear Anon., I think we all probably feel some degree of what you feel and it seems to fluctuate. Unfortunately I expect that those we look to for answers can not really give us these answers. No one really knows. All we can do is speculate considering all that we know and weighing it as we would in our own minds. For example, the defendant corporation in my case is JNJ/Ethicon. They say they will not settle and yet they are settling what may be cherry picked cases and settling some others as they get deep into day four or so. How soon your name will be on a list of cases currently being tried may have to do with when your case was filed, and it may not matter at all where it was filed. The product in question may give you a hint. Do you see more cases that focus on one product than another heard sooner? I suppose you will need to be a bit of a sleuth. No easy answers.

For me the only way to maintain some peace of mind is to go on with my life to the degree that I can and this too is variable. I need settlement dollars to pay for a consult regarding one last shot at explant. The longer we have to wait for settlement dollars the more likely it is we can not have explant surgery. Still I would ask you to, while keeping track of what is going on, try to create some sort of peaceful happy life for yourself. Who knows how many years any of us have left. Do what makes you happy, be with people that support you and try not too think about it too much. It is so hard, I know. But you can do it and it is the best option. Write about it, paint and draw about it, write a story for publication to reach all the women who still have no idea, try to reach them, do these good deeds. It is good medicine for you. Take care. I had to sell my house as a short sale due to mortgage fraud I did not have the money to defend against. That was another journey to Hell. I can tell you that it is beyond devestating but in the end a house is not a home, it is just a house. Your home is where you pitch your tent. You can survive these things. I can not tell you what sort of life it will be but you will make the best of it, put fresh wildflowers in an empty mayo jar and add a little bourbon to the baked beans, watch the sun set and tell stories by the fire. You will create the best life you can and when you pass away from this life you will take your last breath knowing that you were a good person, you were not anything like those who destroyed the lives of others and felt nothing. The Father will gather you up in his arms and welcome you home.

So we think that any Judge would feel overwhelmed, with the amount of cases that they need to settle. But instead, from what,I see their constant rescheduling is not showing how eager they are for us to get justice. It just seems that the enjoy slowing down the process.

I did not pay a lot of attention to the infamous ENRON case but a key component of it was that senior managers were sent to prison as I recall. My question now is what is the difference between a case (or cases) like ours and a case like the ENRON one, aside from the obvious? The leaders of corporations can clearly be sent to prison but what is the key element, in ENRON for example, that allowed that to be called for. Perhaps it was that the case was brought by the justice department (the government) where suh actions are allowed. Then the question would be why does the DOJ not take on a wider range of cases, and in particular, cases where “the people” have been harmed, even to the point of death…because this is supposed to be a nation governed by and for the people by representatives of the people. I am sensing a disconnect somewhere.

my case was filed 2013 vs ethicon I have been feeling worse of all my lupus symptoms and feel like I don’t have much energy n strength to continue this fight and the makers of these product’s are taking their sweet time making us wait for an answer to all of our pain n sufferings but I bet you if it was one of their own they would move as fast as the wind. I understand there’s a lot of cases against them but instead of putting the products to market why didn’t they researched more on all type of women with different illnesses like ladies with diabetes and so on all they were thinking was to be famous with their products without thinking of all of us that have paid with our health n lives, and what about what about all of us still waiting for a miracle to happen?

With all the social media out there is it legal to post on FB about these companies and what they have done to thousands of women. That’s what needs to happen. Put these names of these companies out there. People just hear “mesh” on commercials for lawsuits but no one names these companies for the world to see?

Excellent point Brenda. Maybe we could take the lead in expanding our efforts and leave flyers at community centers, hairdressers shops, womens club meetings,, nail salons, spas, etc.or even get invited as a speaker and follow a script we have all had the opportunity to contribute to. Everything helps. I tell women I meet, all of them. We need grass roots efforts all over the world. We cannot beat them in mainstream media. We do not have the support…isn’t it sad, no companies or doctors or famous person has stepped forward to speak for us, donate meaningful sums to our efforts. I guess our cause is not sexy enough.

MARY, Continue to communicate with the paralegal at your Law Firm!! that’s important. I have 2 law firms if at any time I have questions I write them down, if they don’t know then they have asked an attorney and do call me back!! I was told by my paralegal that AMS as we all know have set an amount to settle, however if there is not enough money then they will have to come up with more! I’ve had my case since 2008, in 2013 attorney’s who have clients with AMS finally and after several meetings with Judge Goodwin they decided it was the right thing to do. I received my MDL letter in January 2015, I have called and updated my case and also sent in proper documents every time I had a doctor appointment! These cases should be all wrapped up by October 2015 is my attorney firms goal, they are doing shift work in my Florida Firm She said all other manufacturer’s are starting to set up plans on how they will follow to settlement out of court she also with a sigh said JNJ has no intentions to settle, so she feels that Judge Goodwin will only take so much which maybe after more trials to enforce settlement. Please only take my posting from a Mesh Injured Victim but if you are pursuant with the paralegal she will tel you the latest that she knows, right now my attorney firms are vidgently working on AMS clients not saying they are not still pursuing with other firms settlement talks. I just emailed a letter to DICE who works for the FDA will be curios as to his reply!! Will let y’all know…………….

thank you Barb, .JNJ have delayed this for so long hope the people that had to suffer get what’s coming to them we deserve every penny I hope you are doing all right hope the judge gets tired of JNJ and demand them to settle .mary

Hi Barb thanks for the info I called my lawyers office last week she said JNJ that we will be in it for a long haul just hoping something comes up that will make JNJ step it up the women has waited long enough I have had 5 surgery’s who knows if I have to have another one I still don’t fill right .just how many can you have with out thinking will I make it this time or not thanks again Barb.

I thought they were taking these cases by dates filed I see people posting they’ve been in this since 2009. How do the decide the cases that are going to court if not by date. These trials include women who filed in 2014. Don’t understand?

David Matthews of Matthews & Associates — a firm that with Freese & Goss and Edwards & DeLa Cerda won a $74 million verdict against Boston Scientific last year — is also representing Carol Cavness vs. Ethicon in Sept. in Dallas.

Keep up the great work! God bless and help anyone who has been meshed by these unconscionable medical device profiteers.

Bravo Mr. Matthews, and thank you on behalf of all of us, if I may. If you can please advertise on Jane’s website if you do not already. She is creating a strong presence I believe and I expect you would get valuable exposure. Please continue to represent our community and the rights of victims, not forgetting that men have been victims as well.

Who is going to this trial? I hope victims in the area will get together and go. If anyone from California is going by car (I know the hour is late) and can take me (Palm Springs) I would like to go, share expenses. We need to have a presence at all of these trials and the best way to do that is for those of us who live near by to go. Who lives in San Antonio among us? Can ya’all attend?

I apologize if this has been asked before. At any point in the Ethicon trials can Judge Goodwin decide he has heard enough of the cases that are having repeated same end results and make a final decision (hopefully against) JandJ and rule that all cases be paid out? I am sure the appeal process by JandJ against tens of thousands of cases would take many years though. I’m interested in the legalities. Most of us are losing everything we have in the meantime. My guess is they are just hoping we die off. ght

Thank every body for your comments it helps. i would like to go to my trial when ever it comes up in West Virginia i am in SC and my lawyer is in Texas my case is in Virginia dont have a clue when that will be they said it would be a long waiting period that is depressing i would think we should be there i dont even think the lawyers know when

Johnson & Johnson refuses to warn women that its talc containing products, like Johnson’s Baby Powder and Shower to Shower, can cause ovarian cancer despite four decades of studies proving a link between the body powders and cancer, and a jury decision that the company was remiss when it failed to warn consumers of this risk.

Deane Berg was the first woman to file a lawsuit against Johnson & Johnson alleging regular and long-term use of the company’s Shower to Shower body powder caused her ovarian cancer. She was diagnosed with stage III ovarian cancer in 2006 at age 49. In her quest to learn how she developed the disease, she discovered that since the early 1980s, several studies published in medical journals had found that women who regularly used talcum powders in their genital area for personal hygiene were more likely to develop the deadly disease.

An estimated 20,000 women are diagnosed each year with ovarian cancer, and more than 14,000 die. The disease strikes about one in 70 women, though studies show that women who use talc-containing products on their genitals have a one in 50 chance of developing the disease.

Some experts say that as many as 2,000 cases of ovarian cancer diagnosed each year could be attributed to talcum powder use on the genitals.

Berg’s lawsuit went to trial in her hometown of Sioux Falls, S.D., in fall of 2013. The jury awarded no damages in the case, but did find Johnson & Johnson guilty of negligence for failing to warn consumers that using its talc-containing products could cause ovarian cancer. Johnson & Johnson seemed to brush off this recommendation, opting instead to continue marketing its products as safe, even for babies.

Since Berg’s lawsuit, dozens of others have been filed against Johnson & Johnson and other manufacturers of talc-containing products alleging the companies knew for decades that talcum powder could cause cancer, but they failed to warn women of this risk.